BRIAN FISCHLER v. SPICE CREAMERY LLC, d/b/a Marco

Filed August 27, 2021

Plaintiff

Name: BRIAN FISCHLER
Filing date: August 27, 2021
State of filing: New York

Defendant

Name: SPICE CREAMERY LLC, d/b/a Marco
Website: www.marcoicecream.com
Industry: Consumer Discretionary
Summary: Marco is an ice cream company inspired by international cuisine.

Case Summary

On August 27, 2021, BRIAN FISCHLER filed a complaint in New York against SPICE CREAMERY LLC, d/b/a Marco. Plaintiff BRIAN FISCHLER alleges that www.marcoicecream.com is not sufficiently digitally accessible.

Marco is an ice cream company inspired by international cuisine.

Accessibility Overlays

A scan for 3^rd Party Overlays was performed on August 31, 2021 and 'HikeOrders Accessibility Enabler' was detected. Typically overlays, or widgets, apply the third-party's source code to the existing code of the host website in an effort to change the user experience by overriding or adding to the existing code. Overlays are often added instead of manually identifying or resolving accessibility barriers in a website's code and design, which would generally occur during an audit or test from an accessibility subject matter expert. By not addressing the underlying cause of accessibility barriers, the effectiveness of overlays has been debated. There has also been an increase in the number of lawsuits against websites that use third-party overlays.